FIXnotes
Legal & Compliance

Right of Redemption

Also known as: statutory right of redemption, post-sale redemption, redemption right

The right of redemption is a borrower's statutory entitlement to reclaim their foreclosed property by paying the full outstanding debt — including the sale price, accrued interest, and associated costs — within a time period defined by state law.

Right of redemption refers to the legal right that allows a borrower to reclaim their property after a foreclosure sale by satisfying the full amount owed. This right exists in two forms: equitable redemption, which permits the borrower to pay off the debt before the foreclosure sale is finalized, and statutory redemption, which extends for a defined period after the sale has already occurred.

Statutory redemption periods vary dramatically by state — from no post-sale redemption at all in some jurisdictions to six months or even a full year in others (Alabama, for example, allows twelve months). During the redemption period, the foreclosure sale purchaser typically cannot take full possession of the property or make significant alterations, creating a holding period that delays the investor's ability to liquidate or rehab the asset. For note investors who take properties to foreclosure, understanding the applicable redemption period is essential for modeling realistic timelines and carrying costs. A six-month redemption window can significantly erode annualized returns on what initially appeared to be a profitable acquisition.

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